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Blog post by Mohd Rameez Raza (student at Integral University, India) and Raj
Shekhar (student at National University of Study and Research in Law, India).*
There has been a growing political awareness regarding the climate refugees, however, apart
from agreements such as the Paris Climate Change Agreement, the Sendai Framework for
Disaster Risk Reduction and the Global Compact for Migration, not much has been done in
absence of a sustainable solution for the conundrum. In light of the failure of the international
community to prioritize finding solution to this existential crisis of these refugees, this paper
tries to delve into the roots of the issue and the lacunae on the part of international
community’s collective action, as well as the legal framework governing refugees and their
rights. After a thorough analysis recommendations are provided so as to work towards a
sustainable plan of action through legal means, thereby creating a safer future for everyone.
With the growing menace of climate change and the humanitarian needs that are being
associated with it, international agencies which fight such issues, such as UNHCR, are
overwhelmed, not just by the intensity and the number of cases, but majorly by the lack of
funding which is required to address these issues and the continued apathy that international
community continues to display. We can see that the United Nations Sustainable Development
Goals which are committed to “leave no one behind” are blatantly failing at the face of this
crisis. Another issue that has constantly haunted the “climate refugees and migrants” is the
issue of double predicament: not only do they have to flee their homes as a result of natural
disaster and climate change, but they also have very little legal protection. As of today, there
exists no international convention protecting the rights of the internally displaced refugees.
While on the other hands’ terms such as “climate refugee” and “environmental migrant”
are still not accepted as legal categorisations, and hence even in presence of anti-oppression 2
laws fail to protect these people owing to non-recognition. As per the speculations, the huge
impact of climate displacement, coupled with the absence of any robust legal framework,
needs to be addressed at the earliest by sustainable plan to help in reducing the plight of
climate refugees by aiding them in resettling with dignity. It’s high time that the international
community realizes its responsibilities and started working towards prioritizing climate-
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induced humanitarian problems. It also needs to work towards accumulating a full range of
resources to tackle this major issue, so that no one is left behind to suffer.
In its existing form, international law governs only political refugees which are those people
who are fleeing persecution and does not extend to climate refugees. According to the 1951
Geneva Convention on Refugees, a refugee is defined as a person who:
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the reports which show the huge number of displaced refugees due to climate change, this
legal lacuna is quite worrying for the community.
Even though such obligations exist, to effectively meet these goals, an extensive bilateral and
multilateral development assistance is required. To achieve this assistance the international
community must create a strategic approach to focus development assistance and multilateral
organizations on these targets. International development financial institutions need to
redirect their development assistance to incorporate today’s unfolding climate crisis.
Significantly more resources will need to be channelled to the Green Climate Fund, UNHCR, as
well as to other critical international bodies, in particular those that make up
the International Red Cross and Red Crescent organizations. The current security implications
of the migration crisis and the implications of legal lacunae has forced the international
community to re-examine its policies. There needs to be a bipartisan support, particularly in
the security community, for reducing the conditions that accelerate international migration
and a prompt action needs to be taken to address the issue at the earliest.
It also is within certain human rights treaties, or has been understood as applicable to them. It
is now generally accepted as a principle of customary international law. Existing laws of
different countries and the present judicial mind-set makes it difficult for climate refugees
who use the non-refoulement principle to argue that they cannot be expelled from the country
to which they have relocated. Climate change is not likely to pose harms dangerous enough for
people to make use of the principle, and even if climate refugees were able to make
successful non-refoulement claims, the principle only protects them from expulsion, but the
problem is that it does not grant them the right of permanent residency in a country, which in
most of the cases is their primary concern and in absence of which they still continue to
remain as vulnerable as they were back then. However, the recent judgment in the case of
Teitiota v. New Zealand has come as a welcome relief by providing the opportunity for climate
refugees to be protected from deportation if essential human rights would be at risk on return.
Keeping in strict view, the limitations of existing international laws, a number of proposals for
new multilateral international legal instruments to protect climate change refugees are being
made on a regular basis. These proposals, though nascent, draw their arguments and firmly
base them on a number of existing legal frameworks and literatures, including refugee law,
human rights law, and environmental law, and the literature recommending the recognition of
the concept of environmental refugees. When we look at the proposal for new multilateral
conventions, we find that they all have a very distinguished streak of similarity, however, are
distinct in their own ways. Some of the critics of new conventions have of late suggested that
instead of developing a new multilateral instrument, countries should start to focus on
improving existing migration mechanisms in national immigration laws. Another option that has
been raised is developing regional responses to climate change migration, perhaps under an
international framework. Thus, the ultimate belief of these critics is common and that is a
regional approach would work out more effectively than a multilateral approach because
individuals who move due to climate change may be more likely to move within their home
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country than through foreign lands.
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Climate change, as already reported many times by scientific organizations, has the potential
to disrupt human lifestyle on unimaginable scales. The present state of affairs and the daily
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growth in industrialization as well as globalization will only accelerate this menace. Also, as
long as the international community continues to dillydally in the face of its greenhouse gas
emissions, relief is but a far-fetched dream. While it’s indeed true that this poses a significant
upheaval on the future of the human race, it is the world’s low-lying island nations, areas on
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verge of desertification, etc. who are at the immediate risk of suffering the ultimate price.
Wealthy, industrialized countries are the ones most responsible, and therefore, the ones who
carry the moral and ethical obligation to protect the victims of climate change. Without the
necessary action, the international community will have failed their fellow man and the very
planet itself.
The views expressed in this article belong to the author/s and do not necessarily reflect those
of the Refugee Law Initiative. We welcome comments and contributions to this blog – please
comment below and see here for contribution guidelines.
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